In 2022, the number of pedestrian fatalities surged to over 7,500, marking the highest level in forty-one years. Unfortunately, walking in the streets and intersections of White Plains inherently exposes pedestrians to risks of accidents. But let’s not forget that pedestrian negligence can also impact accident liability considerations.
Therefore, understanding the intricacies of pedestrian accident liability is crucial for both sides (pedestrians and car drivers). Read on to explore pedestrian accident liability from the perspective of a White Plains car accident lawyer, shedding light on legal principles, common scenarios, and strategies for protection.
Pedestrian Accident Liability: Legal Framework & Principles
Pedestrian accident liability in White Plains, as in many jurisdictions, is governed by negligence principles. Drivers of all vehicles have a duty of care. They are required to drive their rides safely and attentively, especially in areas where pedestrians are present. When drivers breach this duty through reckless or negligent behavior, harming pedestrians, they may be held liable for damages.
However, it’s essential to recognize that pedestrians also must exercise reasonable care for their safety. This includes obeying traffic signals, using designated crosswalks, and refraining from actions that could endanger themselves or others. Pedestrian negligence, such as jaywalking and crossing streets while distracted, can impact liability considerations in accidents.
Common Scenarios Where the Driver May Be At Fault
Here are the common factors contributing to pedestrian accidents where the driver is at fault:
1. Distracted Driving: Using smartphones or fidgeting with the GPS are common distractions that make drivers less attentive to pedestrians while behind the wheel, increasing the risk of accidents.
2. Failure to Yield: Vehicle drivers who fail to yield the right of way to individuals at intersections and crosswalks are a common cause of accidents.
3. Speeding: Excessive speeding lowers a driver’s reaction time and increases the severity of pedestrian accidents.
4. Poor Visibility: Factors such as poor lighting, adverse weather conditions, or obstructed views can impair drivers’ ability to see pedestrians, leading to collisions.
5. Intoxicated Driving: Driving under the influence (DUI) significantly impairs a driver’s judgment and coordination, heightening the risk of accidents involving pedestrians.
Common Scenarios Where The Pedestrian Is at Fault
Typical scenarios where a pedestrian may be at fault include:
- Jaywalking: Crossing a street outside designated crosswalks or against traffic signals can put pedestrians in the path of oncoming vehicles, increasing the risk of accidents.
- Crossing against signals: Ignoring traffic signals or crossing when unsafe can lead to collisions with vehicles that have the right of way.
- Darting into traffic: Suddenly entering the roadway without checking for oncoming vehicles can catch drivers off guard, making it difficult for them to avoid a collision.
- Walking while distracted: Being preoccupied with electronic devices, conversations, or other distractions can impair a pedestrian’s awareness of their surroundings, making them more susceptible to accidents.
- Intoxication: Walking under the influence of alcohol and drugs can impair judgment & coordination. This increases the likelihood of risky behavior and accidents.
Legal Considerations
Gathering evidence is essential in pedestrian accident cases to establish liability and pursue legal recourse. This may include witness statements, police reports, surveillance footage, and medical records documenting injuries.
Victims seeking guidance on their legal rights and compensation options should consult a qualified attorney experienced in pedestrian accidents.
Prevention and Awareness
Preventing pedestrian accidents requires a collaborative effort from all road users. Drivers must remain vigilant, adhere to traffic laws, and prioritize pedestrian safety.
Pedestrians, in turn, should exercise caution, stay alert, and follow established rules for crossing streets and navigating roadways.
Additionally, advocating for safer infrastructure, such as improved crosswalks and traffic signals, can help reduce the risk of accidents in communities.
Seek Legal Help: Hire A Car Accident Lawyer In White Plains
Schedule a consultation with a White Plains car accident lawyer at Baez Legal to discuss your case. We can evaluate your case and provide options for legal recourse in your situation. Let us help you navigate your way out and get fairly compensated.